Immediately upon his stopping the automobile, Grady B. Cole struck
him with a rock and Charles Sanders struck him with a bottle. Coy
Collier Qualls got out of the car and Grady D. Cole and Charles
Sanders then began striking, beating and kicking him in the course
of which he was knocked down. Grady B.Cole stated that A C. Levice
kicked the driver, Qualls, when he was down. (Levice and Sanders
denied striking deceased at any time).
The blow on the right side of the head of the
deceased after examination by a physician was determined to have been
made with a bottle which Sanders was to have been carrying at that time.
The bottle neck in our possession is covered with blood which would
indicate that the bottle was used to beat deceased with, and in view of
the fact that Grady B. Cole used the rock, Sanders must have used the
bottle, and according to the confessions, Levice kicked the deceased and
struck him also.
The body of the deceased was then loaded into the
automobile and the three defendants continued on the road, Grady B. Cole
sitting in the back of the car with his feet on the deceased, and
according to the statements, kicking the deceased's head in. Grady B,
Cole also thinking that possibly Qualls was not dead, had pulled out his
pocket knife and pushed it into the throat on the right side of
deceased's body. He then threw the knife away.
The money of deceased was extracted from his body and
turned over to J. C. Levice, who was apparently driving. All three of
the defendants participated in the loading of the body into the
automobile and the unloading of the body from the automobile.
The body was taken about nine miles on the other side
of Douglas and dragged off into the bushes where it remained for about
four days; that is to say, until after the apprehension of the
defendants and their confessions as to the above stated facts, at which
time they told where the body was.
The County Attorney’s Office entered a complaint in
the Superior Court on the 17th day of January, 1942, and defendants
being represented by counsel, J. D. Taylor of Tombstone, Arizona, waived
preliminary hearing in the Superior Court and were bound over for trial
in the Superior Court by Judge John Wilson Ross.
It was then indicated by the defendants and their
attorney that they wished to enter a plea of guilty and throw themselves
on the mercy of the Court. An information was then filed by the County
Attorney's Office on January 17, 1942, at which time defendants and
their attorney, J. D. Taylor in their behalf, entered a plea of guilty
to the charge of murder.
On January 21, 1942, the Court held a hearing on the
matter of the culpability of the three defendants in order to determine
if there were any mitigating circumstances to be considered on their
behalf. The County Attorney's Office presented certain facts to the
Court and a statement was made to the Court by John Pintek, County
Attorney, Each one of the defendants was then permitted to state
whatever he wished to the Court and also their attorney was permitted to
make a representation on their behalf.
The Court after having examined the facts and heard
the statements then passed sentence of death on the three named
defendants on the 21st day of January, 1942, with the sentence of death
to be executed on the 3rd day of April, 1942, at the state prison.